SHRIDHAR M KALMADY Vs. H BABURAYA NAYAK

JUDGEMENT

(1.) IN this revision under Section 115 C P C the petitioner challenges the order passed by the Court-below dated 9th July, 2002 disposing of the revision petitions as having abated at the revisional level and directing the tenants to hand over vacant possession of the premises to the landlord.

(2.) BEFORE the Court-below the petitioners-tenants preferred revision petitions against the common orders passed by the Prl. Civil judge (Jr Dn) Udupi in H R C Nos 7 and 4/90. The tenants in both these petitions are practicing. Advocates and the premises involved in each of these petitions measures less than 14 sq metres and the karnataka Rent Act 1999 is made applicable to Udupi City. The court-below disposed of the revision petitions not on their comparative merits of the respective case of the landlord and the tenant but purely on the question of abatement of the revision petition.

(3.) THE learned Counsel on both sides confined their arguments to the question whether the Court-below was right in holding that the revision petitions abate Mr. Vijaya Kumar, learned Counsel appearing for the tenants, contended that the Court-below erred in reaching the said conclusion as in respect of all premises other than those excluded under Clause (a) and (c) of sub-section (2) of Section 70 of the Act the provisions of the Act would apply and since the revision proceedings before the Court-below squarely falls under the class of cases and proceedings enumerated in Clause (b) of sub-section (2) of Section 70, the Court-below should have tried and disposed of the same on merits.